1 37.appeal.340.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION No.510 of 2026 IN CRIMINAL APPEAL NO.340 OF 2026 Amit alias Vivek s/o Kishor Thakre .Vs. State of Maharashtra and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.S. Girhe, Advocate for applicant. Mr. K.R. Lule, A.P.P. for respondent No.1/State. Mrs. Sonali Saware (Gadhawe), Advocate for respondent No.2 (Appointed). CORAM : MEHROZ K. PATHAN, J. DATE : 11/09/2026 1. The application is filed for suspension of substantive sentence imposed upon the applicant, who suffered simple imprisonment for two years and to pay a fine of Rs.1,000/- for the offence punishable under Section 452 of the I.P.C. The applicant was sentenced to undergo simple imprisonment for two year under Section 354 of the I.P.C. and to pay a fine of Rs.1,000/-. The applicant was also directed to undergo three years imprisonment and to pay a fine of Rs.2000/- under Section 8 of the POCSO Act. The sentences are directed to run concurrently. 2. The learned counsel for the applicant submits that the applicant is having good grounds in the appeal and the appeal is admitted for final hearing, the final disposal of the appeal will take its own time. There are material discrepancies in the witnesses relied upon by the prosecution to bring home the guilt of the present applicant. 2026:BHC-NAG:12344 2 37.appeal.340.2026.odt The applicant was on bail during the trial. There are no allegations against the applicant during the trial that he had ever threatened the complainant or her family members. After the pronouncement of the judgment, the learned trial Court itself has suspended the sentence. The complainant has deliberately filed one non-cognizable offence on the allegations of threats to the complainant which is registered on the next day of pronouncement of judgment only with an intention to deny the bail to the applicant. For the said offences, Non-Cognizable No.0397 of 2026 is registered on 20.06.2026 with Police Station Sawangi Meghe, Dist. Wardha. This Court, taking into consideration that the sentence was already suspended, has continued the suspension vide order dated 17.06.2026. Hence, the sentence imposed upon the applicant may be suspended. The applicant is ready to abide by any condition that may be imposed by this Court and hence the application may be allowed by suspending the sentence and releasing the applicant on bail. 3. Mr. Lule, learned A.P.P. as well as Mrs. Sonali Saware, learned counsel appearing on behalf of the respondent/complainant, mother of the victim, strongly opposes the application on the ground that the applicant has threatened the complainant and her family members and accordingly one NC was registered against the applicant on 20.06.2026 being NC No.0397 of 2026. The applicant, if released on bail, may again threaten the complainant and 3 37.appeal.340.2026.odt her family members. Hence, this is not a fit case to release the applicant on bail. 4. The applicant was arrested on 15.01.2022 and was released on bail on 10.02.2022. The applicant has imposed a punishment of three years imprisonment and has hardly spent one month of imprisonment as an under trial. For the good reasons given in the judgment, there is every likelihood that the appeal may result into dismissal and the applicant would be required to undergo the remaining sentence. Hence, this is not a fit case to release the applicant on bail. 5. I have gone through the impugned judgment dated 19.06.2026 and have also gone through the reasons and the testimony of the various witnesses. Taking into consideration the prima facie discrepancy in the case of the prosecution, this Court has found that an arguable case is made out and hence admitted the appeal. The appeal will take its own time for hearing. The applicant was released on bail after being arrested on 10.02.2022. There is no allegation that during the trial, the applicant has threatened the complainant. The NC is registered only immediately after the impugned judgment was passed on 19.06.2026. The NC No.0397 of 2026, shows allegations of threat extended by the applicant. The submission of the learned counsel for the applicant that the aforesaid non-cognizable offence is reported by the complainant only with an intention to deny the liberty to the applicant appears to be probable at this stage. However, these are prima facie 4 37.appeal.340.2026.odt observations. Taking into consideration that the applicant was on bail during trial and that this Court had continued the suspension of sentence vide order dated 17.07.2026 and thereafter no other incident of threatening the complainant or her family members is reported, I am inclined to exercise the discretion under Section 430 of the BNSS for release of the applicant. Hence, I pass the following order :- ORDER (a) The application is allowed. (b) The substantive sentence imposed upon the applicant vide judgment order dated 19.06.2026 for the offences punishable under Sections 452 and 354 of the IPC and Section 8 of the PCOSO Act, is hereby suspended subject to the condition that the applicant on furnishing the P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount. (c) The applicant shall furnish copies of his Aadhar Card and PAN Card to the Investigating Officer along with his residential address and the names, addresses and mobile numbers of two close relatives. (d) The applicant shall attend the concerned police station once in every six months starting from 24.09.2026. (e) A single complaint of threat against the applicant by the complainant or her family members shall entitle the complainant or the prosecution to seek cancellation of the bail order passed by this Court. 5 37.appeal.340.2026.odt (f) Fees for the appointed learned counsel shall be quantified and paid as per the Rules. (g) The application stands disposed of. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 17/09/2026 11:04:55